Macleod v The Owners Strata Plan No 6544

The case of Macleod v The Owners Strata Plan No 6544 involved a dispute between the applicant, who owned a unit in a strata scheme, and the respondent, the body corporate responsible for managing the strata scheme. The applicant sought relief from an order made by the Civil and Administrative Tribunal (CAT) that had previously been made in favour of the respondent, and also sought an award of costs under section 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW). The legal issues before the court were whether the applicant was entitled to an award of costs and, if so, the appropriate amount of those costs.

In determining the issue of costs, the court noted that section 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW) allows the court to award costs to a party if it considers that there are special circumstances that warrant an award of costs. The court found that there were no such special circumstances in this case, as the applicant had not demonstrated any exceptional circumstances that would justify an award of costs. The court further noted that the applicant had not succeeded in their application for relief from the previous order, and that the respondent had been successful in defending the application. The court therefore determined that the applicant should pay 60% of the respondent’s costs of the proceeding on the ordinary basis, as agreed or assessed.

The court’s decision in Macleod v The Owners Strata Plan No 6544 highlights the importance of demonstrating exceptional circumstances in order to be successful in an application for costs under section 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW). In this case, the applicant was not able to demonstrate any such circumstances, and was therefore not entitled to an award of costs. The court’s orders reflect the appropriate outcome in this matter, with the applicant ordered to pay a proportion of the respondent’s costs.